RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:			DOCKET NUMBER:  BC-2015-03928
		
 						COUNSEL:  NONE

						HEARING DESIRED:  NO

APPLICANT REQUESTS THAT:

His fiancé be designated as his Reserve Component Survivor Benefit Plan (RCSBP) beneficiary.  

APPLICANT CONTENDS THAT:

His former spouse remarried an Air Reserve Technician (ART) and he never wanted her to have his Reserve retired military pay.  He would like his fiancé who he has been living with for the past several years to be designated as his RCSBP beneficiary.  

He was told on the date of his retirement he could elect whomever he wanted to be his beneficiary in case he died before becoming eligible for retired pay at age 60.  This was conveyed to him by his wing’s records section who knew he was going through a divorce.  However, he has learned that his change of beneficiary was never submitted and that since he was not legally divorced at the time of the beneficiary change, it could not legally be changed to his fiancé.  He has been misled and should be allowed to change his beneficiary to whomever he chooses.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

The applicant was placed on the Retired Reserve List in the grade of Master Sergeant (MSgt, E-7) effective 6 September 2005, eligible for retired pay except for attainment of age 60 (date of birth: 12 June 1959).    

According to the ARPC Form 123, Reserve Component Survivor Benefit Plan Election Certificate, dated 25 June 2004, the applicant elected Option B, Deferred Annuity, for spouse only coverage based on full retired pay.

The judgment of divorce issued by Bossier Parish, LA reflects the parties divorced on 21 December 2006.  It is silent on SBP.  

The remaining relevant facts pertaining to this application are described in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is included at Exhibit C. 

AIR FORCE EVALUATION:

ARPC/DPTT recommends approval for the applicant to update his RCSBP election to Option C, Immediate Annuity for Individual with Insurable Interest, with an effective date from one year of the applicant’s date of divorce, 21 December 2006.  The applicant will assume all debt caused if the request is approved.

The applicant states that upon his retirement he was advised by his records section he could elect any person to receive his RCSBP benefit but later found out his beneficiary change was never submitted because he was not legally divorced at the time.  The Military Personnel Data System (MILPDS) reflects an election of Option A, Defer Making an Election Until Age 60, effective 10 July 2007; however, there is no source document in his records to support the election.  This election was within a year of his divorce.  

A complete copy of the ARPC/DPTT evaluation, with attachment, is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 6 June 2016 for review and comment within 30 days (Exhibit D).  As of this date, no response has been received by this office.

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by existing law or regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice.  While we note there is no source document in the applicant’s records documenting his RCSBP election, we are persuaded information in the MILPDS reflects he elected Option A, Defer Making An Election Until Age 60, on 10 July 2007 (within one year of his divorce on 21 December 2006).  Based on this, we find it reasonable he was counseled he could designate anyone he wanted as his RCSBP beneficiary as he states.  Accordingly, we find it in the interest of justice that the applicant be permitted to designate his fiancé as his RCSBP beneficiary.  Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has been the victim of an error or injustice.  Therefore, we recommend the applicant's records be corrected as indicated below.	

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to the APPLICANT be corrected to show that on 20 December 2007, he elected RCSBP, Option C, Immediate Annuity for Individual with Insurable Interest, based on full retired pay naming his fiancé as the beneficiary; contingent on the recoupment of any premium costs.  

The following members of the Board considered AFBCMR Docket Number BC-2015-03928 in Executive Session on 25 August 2016 under the provisions of AFI 36-2603:

	 , Panel Chair
	 , Member
	 , Member

All members voted to correct the records as recommended.  The following documentary evidence pertaining to AFBCMR Docket Number BC-2015-03928 was considered:

	Exhibit A.  DD Form 149, dated 6 September 2015.
	Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Memorandum, ARPC/DPTT, dated 10 May 2016, 
  w/atch.
	Exhibit D.  Letter, AFBCMR, dated 6 June 2016.

Pursuant to paragraph 1 of AFI 36-2603 (Title 32 Code of Federal Regulations, Part 865.1), it is certified that a quorum was present at the Board's review and deliberations of Docket Number BC-2015-03928, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter.